CITY OF SAN CLEMENTE
City Council Minutes
Adjourned Regular Meeting - May 25, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on May 25, 2022 at 3:01 p.m. in the San Clemente Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.
PRESENT DUNCAN, FERGUSON, KNOBLOCK, WARD, MAYORJAMES
ABSENT NONE
STAFF PRESENT Erik Sund, City Manager; Scott Smith, City Attorney; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk
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FISCAL YEAR 2022-2023 CITY BUDGET PUBLIC HEARING (3:00 P.M.) A. Fiscal Year 2022-2023 City Budget
Public Hearing and workshop concerning the City of San Clemente proposed budget for Fiscal Year 2022-23.
Mayor James opened the Public Hearing.
Amanda Quintanilla, commented on ADA compliance in the City's restroom facilities and presented a photo of current conditions. A hard copy of the photo is on file with the City Clerk.
There being no one else desiring to speak, the Public Hearing was closed.
City Manager Sund and Financial Services Officer Rahn presented a PowerPoint entitled "City of San Clemente Budget Workshop/Public Hearing Fiscal Year 2022- 23" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
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City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 2 B.
Following deliberations, Council requested the following items:
• 2022-23 Strategic Priorities be amended to include the following verbiage:
Council Priority (Strategies) Operational Statement (Tactics). • Staff to provide Council with CalPERS 2021-22 actuarial reports. • City Manager to provide Council the annual report that is sent to the Joint Powers Insurance Authority related to attrition.
• Staff is to agendize Orange County Sheriff's Department contract for consideration in conjunction with the Budget Adoption at the June 7, 2022 City Council Meeting.
• Staff is to coordinate with the Orange County Sheriff's Department and Orange County Fire Authority to include breakdowns on staffing costs and benefits in each contract.
• Mayor Pro T em Duncan and staff will meet with the Downtown Business Association (OBA) prior to adoption of the budget on June 7, 2022, to gather additional information related to the DBA's request for additional funds. Council will determine at the time of budget adoption whether or not to use Council Contingency funds to accommodate the DBA's request for funding. Additionally, Staff is to analyze the costs and revenue to do the car show and Puttin' on the Glitz in house.
• Staff will coordinate meetings with sub-groups of the City Council (not to exceed two Councilmembers per meeting) with Hinderliter, de Llamas and Associates (Hdl) to discuss sales tax.
• Council requested discussions begin with Capistrano Unified School District regarding crossing guard and school resource officer costs.
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY COUNCILMEMBER FERGUSON, FAILED 2-3 (COUNCILMEMBER WARD, MAYOR PRO TEM DUNCAN AND MAYOR JAMES VOTING NOE), to reduce the personnel budget by $1,000,000 and allocate $500,000 to the "3" of the 3-2-1 pension funding plan ($3 million to the Public Safety Plan - lnactives) and allocate the additional $500,000 to increase the general fund operating position.
Pension Liability Funding Strategies (Agendized at the April 5, 2022 City Council Meeting by Councilmember Ferguson with support of Councilmember Knoblock and Mayor James).
Zhen Wu, San Clemente, commented on pension funding strategies and made suggestions to Council.
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City Council M inutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 3 City Manager Sund reviewed the contents of the Administrative Report and responded to Council inquiries.
MOTION BY COUNCILMEMBER FERGUSON, SECOND BY COUNCILMEMBER KNOBLOCK, to have Council commit, each year, to implement the following to pay down pension liability:
1. Excess property tax revenue.
2. 2/3 excess revenue of the parking meters.
3. 1 % of the annual budget funds.
4. Salary savings from vacant positions and evaluate staffing needs.
SUBSTITUTE MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 3-2 (COUNCILMEMBER FERGUSON AND COUNCILMEMBER KNOBLOCK VOTING NOE), to approve re-evaluating pension strategies and providing recommendations at the 2023 Long Term Financial Plan. With the third quarter budget update to be provided in June 2022, staff is to provide actual and/or projected numbers for the following items:
1. Property tax revenue.
2. 2/3 revenue of the parking meters.
3. 1 % of the annual budget funds.
4. Salary savings from vacant positions and evaluate staffing needs.
MEETING RECESSED
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to recess at 5:12 p.m.
BUSINESS MEETING PART 1 CONVENED
Mayor James convened the Regular Business Meeting at 5:22 p.m. in memory of San Clemente resident Kenny Nielsen.
INVOCATION
Dusty Davis with Shoreline Community Church gave the invocation.
PLEDGE OF ALLEGIANCE
Rick Loeffler led the Pledge of Allegiance.
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City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 4
1. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.
2. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION Assembly Bill 2011 (Wicks): The Affordable Housing and High Road Jobs Act - Consideration of a Letter of Opposition
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to add Assembly Bill 2011 (Wicks): The Affordable Housing and High Road Jobs Act to the agenda under New Business based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted.
3. ORAL COMMUNICATIONS
4. Amanda Quintanilla presented a PowerPoint entitled "Oral Communications part two". A hard copy of the presentation is on file with the City Clerk.
Mikii Rathmann, San Clemente, commented on the Downtown Business Association and the obstacles it faces as it relates to rising costs.
Michael Johnson, San Clemente, commented on the dangers of fentanyl.
Rick Loeffler commented on the enforcement of e-bikes on the trails, pier and beaches by Marine Safety.
Donna Vidrine, San Clemente, commented on the events in Uvalde, Texas and gun violence in America.
Decline, San Clemente, presented on civil code 3480 and the pickleball noise at San Gorgonio Park. A hard copy of the presentation is on file with the City Clerk.
CONSENT CALENDAR
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to approve the Consent Calendar.
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City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 5 A. City Council Minutes
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 4-0-1 (COUNCILMEMBER WARD ABSTAINING), to approve the minutes of the Regular City Council meeting of May 3, 2022.
B. Commission/Committee Minutes
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to receive and file the following:
(1) Design Review Subcommittee Regular Meeting minutes of March 23, 2022.
(2) Zoning Administrator Regular Meeting minutes of April 7, 2022.
C. Warrant Register
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:
Approve Wire Transfer Nos.
2641 through 2646 and Warrant Nos.
580576 through 580750, paid on
5-6-22, in the amount of ... ... .... .......... ............... ......... ...... $1,872,641.31 Approve Wire Transfer Nos.
2647 through 2649 and Warrant Nos.
580751 through 580894, paid on
5-13-22, in the amount of ..... ..... ..... ........ ......................... .. $3,071,481 .21 TOTAL WARRANT REGISTER. ... ......... .... ... $ 4,944,122.52 Payroll Register
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:
Approve Automatic Deposit Advises 78092
through 78364, for the period
4-18-22 through 5-1-22, paid
on 5-6-22, in the amount of ............................ ....... ........... $ 424,667.56 TOTAL PAYROLL REGISTER. ....................... .. .... ... ... ... .. $ 424,667.56 --------------------
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 6 D.
E.
F.
Notice of Completion - 36-lnch Storm Drain Liner for Cyprus Shore Storm Drain Emergency Relocation
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:
1. Accept the 36- Inch Storm Drain Liner for Cyprus Shore Storm Drain Emergency Relocation, from the contractor, Sancen Technologies, Inc., Project No. 12004.
2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the 36- Inch Storm Drain Liner for Cyprus Shore Storm Drain Emergency Relocation.
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Sancen Technologies, Inc.
Contract Award - Shoreline Monitoring Services in Connection with the Local Coastal Program
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:
1. Approve, and authorize the City Manager to execute, Contract No.
C22-25 by and between the City of San Clemente and Coastal Frontiers Corporation, providing for Shoreline Monitoring Services in connection with the Local Coastal Program Corporation, in the amount of $220,000.
2. Accept grant revenues from the California Coastal Commission in the amount of $220,000 to Account No. 001-000-33490.
3. Authorize a related budget appropriation of $220,000 to Account No. 001-431-43890.
Contract Award - Priority Development Project (PDP) Program Implementation and Best Management Practice (BMP) Delineation Project
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to approve, and authorize the City Manager to execute Motion continued on following page
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City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 7 Contract No. C22-26 by and between the City of San Clemente and Geosyntec Consultants, providing for Priority Development Project Program Implementation and Best Management Practice Delineation Project services in the amount of $54,127.
5. REPORTS
A. Commissions and Committees
None.
B. City Manager
Announcement of Contracts Approved and Executed by the City Manager
City Manager Sund reported that he executed the following professional services contracts under his signature authority: 1) Bob Hall and Associates - Deputy Public Works Director Recruitment in the amount of $19,500 2) Bob Hall and Associates - Traffic Engineer Recruitment in the amount of $18,000 3) Bob Hall and Associates - Code Compliance Manager Recruitment in the amount of $18,500.
C. City Attorney
Pending State Bills
City Attorney Smith announced that two bills are pending in the state legislature that would permit local jurisdictions to meet remotely and/or in a hybrid meeting and updates will be provided to Council as available.
D. Council Members
Resident of the Quarter
Mayor Pro Tern Duncan presented the resident of the quarter award to Charlotte Quintanar in recognition of winning the California Coastal Commission Climate video challenge.
Oral Communications Part 2
Councilmember Ferguson, with the support of Councilmember Knoblock agendized for the June 21, 2022 Council meeting, consideration of adding Oral Communications part 2 back to the agenda template.
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 8 County Recorder's Office Expansion
Councilmember Knoblock announced that County Recorder Nguyen expanded the South County office to accommodate the needs of South County residents.
Face Mask Notice
Councilmember Knoblock, with the support of Mayor James, agendized the removal of signs regarding face masks at City facilities for discussion at the June 7, 2022 City Council Meeting.
E-Bike Training and Registration
Mayor Pro Tern Duncan with the support of Council, requested that the City develop a training program for young e-bike riders and create a registration system of bike serial numbers in an effort to assist the Orange County Sheriff's Department in the investigation of bike thefts.
Orange County Fire Authority's Best and Bravest Awards
Mayor James announced nominees and recipients of 2021 Best and Bravest Awards as follows:
• Division Chief Rob Capobianco was the recipient of Chief of the Year award.
• Fire Captain Kelly Lucas of San Clemente's Station 60 was recognized as Firefighter of the Year for Battalion 6.
• Chase Aellig was recognized as Fire Cadet of the Year for Battalion
6. • San Clemente residents and OCFA firefighters, Jeremy Bart and Robert Bosanko, were recognized for their heroism with a Unit Citation for OCFA Truck 22.
Seizure of Flammable Items in Open Space/ Ticketing Authority for Vehicles parked in Fire Lanes
Mayor James, with the support of Mayor Pro Tern Duncan and Councilmember Knoblock, agendized for the June 7, 2022 meeting, consideration of authorizing Code Enforcement to seize flammable items in open space, authorizing the City Manager to purchase two drones, and evaluating the authority of firefighters to issue parking citations for vehicles parked in red zones.
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 9 Orange County Fire Authority Ready, Set, Go Program
Orange County Fire Authority Battalion Chief Moon, along with Mayor James, provided an overview on the Ready, Set, Go program, and noted that a special presentation is agendized for the June 7, 2022 Council Meeting.
E. Council Subcommittee Updates
None.
CLOSED SESSION
Dennis Kamp, San Clemente, spoke in support of Family Assistance Ministries (FAM); opined that FAM is part of the solution for homelessness.
MOTION BY COUNCILMEMBER WARD, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to recess to Closed Session at 6:29 p.m. to discuss the following:
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1030 Calle Negocio, San Clemente; Assessor's Parcel Number 688- 142-35
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente and Family Assistance Ministries Under Negotiation: Price and terms for potential lease extension Property: 100 Avenida Presidio, Assessor's Parcel Number 678-163-01 Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, proposing parties and/or their authorized agent(s and representatives
Under Negotiation: Consideration of proposals for acquisition or lease of surplus property
BUSINESS MEETING PART 2
The Regular Business Meeting convened at 7:09 p.m., with all Councilmembers present.
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 10
6. Closed Session Report - City Attorney.
City Attorney Smith announced that Council took no reportable action during this evening's Closed Session; noted that Council completed the City Manager's evaluation and authorized the Mayor and Mayor Pro Tern to meet with the City Manager to debrief him on the results; advised that Closed Session Item B related to Family Assistance Ministries was deferred to a later date.
7. Special Presentations.
A. Update on Homeless Issue (April Update)
Deputy Community Development Director Atamian and Community Outreach Worker Hunter reviewed the April 2022 City Outreach and Engagement Report and responded to Council inquiries. A hard copy of the April 2022 report is on file with the City Clerk.
B. Presentation of Proclamation - National Beach Safety Week Mayor James presented a Proclamation to Marine Safety Captain Mellot, and Lieutenant Staudenbaur, proclaiming May 23-30, 2022, as National Beach Safety Week. Marine Safety staff displayed a video concerning beach safety.
8. PUBLIC HEARINGS
(Budget Public Hearing was held at 3:00 p.m.)
9. UNFINISHED BUSINESS
None.
10. NEW BUSINESS
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER FERGUSON, CARRIED 5-0, to hear Agenda Item 10E as the first item under New Business.
A. Permit Streamlining (Agendized at the March 1, 2022 City Council Meeting by Councilmember Knoblock, with the support of Councilmember Ferguson and Mayor James).
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City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 11 Report from the Community Development Director concerning permit streamlining opportunities.
Zhen Wu, San Clemente, requested clarification on the dispute between the City of San Clemente and California Coastal Commission concerning major remodels; suggested the delay in processing permits is due to staffing shortages.
Deputy Community Development Director Atamian and Senior Planner Toma reviewed the contents of the Administrative Report and responded to Council inquiries.
Following discussion, MOTION BY MAYOR JAMES, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to agendize a Special Presentation for the June 21 , 2022 Regular Council meeting to outline a timeline to implement the streamlining opportunities identified and discuss the possibility of implementing a shot clock on project approvals.
B. Outlets at San Clemente - Conditional Use Permit for Special Events (Agendized at the February 15, 2022 City Council Meeting by Mayor James, with the support of Mayor Pro Tern Duncan and Councilmember Ward).
Report from the Community Development Director concerning the Outlets at San Clemente Conditional Use Permit for Special Events.
Deputy Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
COUNCILMEMBER FERGUSON, CARRIED 5-0, to receive and file the Administrative Report dated May 25, 2022, and on file with the City Clerk.
C. Actions to Prevent Human Trafficking in Massage Establishments and Similar Businesses
Report from the Community Development Director concerning actions to prevent human trafficking in massage establishments and similar businesses.
Alejandra Baker, 1-5 Freedom Network, urged Council to direct enforcement of massage establishments to the business, not the workers; thanked the Public Safety Committee for working with the 1-5 Freedom Network on this effort.
Deputy Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 12 D.
E.
Following discussion, MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, to direct staff to implement the Priority 1 action items recommended by the Public Safety Committee, as proposed by staff, and return to the Council in Fiscal Year 2022-2023 with recommendations to implement Priorities 2 and 3, as described in the Administrative Report dated May 25, 2022, and on file with the City Clerk.
Code Amendment - Classification of the Positions of City Clerk and City Treasurer (Agendized at the May 3, 2022 City Council meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson).
Report from the City Attorney concerning consideration of an Ordinance amending the San Clemente Municipal Code relating to the Classification of the positions of City Clerk and City Treasurer.
Amanda Q spoke in support of the proposed Ordinance whereby the elected City Clerk and City Treasurer would no longer be allowed to be full time City employees; referenced Government Code 1099.
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 5-0, to:
1. Continue Code Amendment - Classification of the positions of City Treasurer and City Clerk to the June 7, 2022 City Council meeting.
2. Agendize consideration of adopting a Resolution to add Ballot Measures to the November 8, 2022 election for the electorate to determine whether the City Clerk and City Treasurer should be elected OR appointed by the City Council.
Engagement and Fee Agreement - Public Records Act Advisory Services and Appropriation Reguest (Agendized at the April 19, 2022 City Council meeting).
Report from the City Manager concerning an engagement and fee agreement for Public Records Act Advisory Services and
appropriation request.
Councilmember Ferguson recused herself and left the dais at 7:42 p.m. and joined the audience.
Claire Collins, Hansen Bridgett, LLP, introduced herself and responded to Council inquiries.
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 13 F.
Laura Ferguson, San Clemente, speaking from the public podium, opined that Council waived attorney client privilege when it discussed legal fees in open session at its January 18, 2022 meeting.
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 3-1-1 (COUNCILMEMBER KNOBLOCK VOTING NOE AND
COUNCILMEMBER FERGUSON RECUSED), to:
1. Approve, and authorize the Mayor to execute, Contract No. C22-27 an Engagement and Fee Agreement, by and between the City of San Clemente and Hanson Bridgett, LLP, providing for Public Records Act Advisory Services.
2. Approve a supplemental appropriation from the General Fund's Unassigned Fund Balance of $25,000 to Other Legal Services Account No. 001-203-43640-000-00000.
Councilmember Ferguson returned to the dais at 7:48 p.m.
Campaign Finance Transparency (Agendized at the May 3, 2022 City Council meeting by Mayor James with the support of Councilmember Knoblock).
Amanda spoke in support of setting campaign contribution limits.
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD,
CARRIED 5-0, to agendize implementation of the following:
1. Searchable PDF documents on the City website, specifically as it relates to FPPC forms.
2. Post FPPC forms on the City homepage.
3. Synopsis written by the City Clerk's office to be published in the San Clemente Times outlining campaign contributions.
4. Set campaign contribution limit to $500.00.
5. City vendors be required to disclose contributions to elected officials.
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 14 Item Agendized Requiring Immediate Attention (See page 4 of these minutes for Council's action to agendize this item).
Assembly Bill 2011 (Wicks): The Affordable Housing and High Road Jobs Act - Consideration of a Letter of Opposition
Mayor Pro Tern Duncan reviewed Assembly Bill 2011 and requested that Council send a letter of opposition to Assembly Bill 2011 .
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to authorize the Mayor to send a letter on behalf of the City Council opposing Assembly Bill 2011 .
11. Adjournment.
Council observed a moment of silence in honor of the 21 lives lost in Uvalde, Texas on May 24, 2022.
MOTION BY COUNCILMEMBER WARD, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to adjourn at 9:22 p.m. The next Regular Meeting will be held on June 7, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente. [